The MPC provides that zoning is not applicable to any existing
or proposed building, or extension thereof, used, or to be used, by
a public utility corporation if, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
If the Pennsylvania Public Utility Commission issues a certificate
of convenience, then zoning shall not apply. Deregulated services
are not exempt.
The MPC expressly recognizes the preemption of municipal zoning
regulations of agriculture by the act of May 20, 1993 (P.L. 12, No.
6), known as the Nutrient Management Act, the act of June 30, 1981
(P.L. 128, No. 43), known as the Agricultural Area Security Law, the
act of June 10, 1982 (P.L. 454, No. 133), known as [A]n Act Protecting
Agricultural Operations from Nuisance Suits and Ordinances Under Certain
Circumstances, the Right to Farm law, and other state and federal
laws, all as amended from time to time. The MPC further provides that
"zoning ordinances may not restrict agricultural operations or changes
to or expansions of agricultural operations in geographic area where
agriculture has traditionally been present unless the agricultural
operation will have a direct adverse effect on the public health and
safety." The Agriculture, Communities and Rural Environment Initiative
(ACRE), amending Title 3 (Agriculture), also provides additional exemptions
from municipal zoning regulations. [Note: See 3 P.S. § 1717,
3 P.S. § 911(b), 3 P.S. § 951 et seq., 53 P.S.
§ 10603(b), 53 P.S. § 10603(h) and Act 38 of 2005,
respectively.]
The MPC expressly recognizes preemption by state and federal
mining laws of municipal regulation through zoning of mineral extraction.
[Note: See 53 P.S. § 10603(b).] Such laws include, but are
not limited to, the act of May 31, 1945 (P.L. 1198, No. 418), known
as the "Surface Mining Conservation and Reclamation Act,"[1] the act of December 19, 1984 (P.L. 1093, No. 219), known
as the "Noncoal Surface Mining Conservation and Reclamation Act,"[2] and the act of December 19, 1984 (P.L. 1140, No. 223),
known as the "Oil and Gas Act,"[3] and to the extent that the subsidence impacts of coal
extraction are regulated by the act of April 27, 1966 (1st Sp. SESS.,
P.L. 313, No. 1), known as the "Bituminous Mine Subsidence and Land
Conservation Act,"[4] all as amended from time to time. The MPC also mandates
that the Township provide for the reasonable development of minerals
within its boundaries.
Pursuant to the MPC, forestry activities are a permitted use
by right in all zoning districts within the municipality. [Note: See
53 P.S. § 10603(f). Section 603(f) further provides that
the zoning ordinance may not "unreasonably" restrict forestry activities.]
Pursuant to the MPC, no-impact home-based businesses [Note:
"Exempt premises" under "day-care center" shall be included in this
section.] are permitted by right in all residential districts within
the Township, except that such permission shall not supersede any
deed restriction, covenant and/or agreement restricting the use of
land, nor any master deed, bylaw or other document applicable to a
common interest ownership community. [Note: See 53 P.S. § 10603(l).]
It is the intention of this Township to regulate religious institutions
in compliance with the federal Religious Land Use and Institutionalized
Persons Act of 2000 (RLUIPA) [Note: See 42 U.S.C. § 2000cc
et seq.] which, in summary, provides that no Township may impose or
implement land use regulations in a manner that imposes a substantial
burden on the religious exercise of a person, including a religious
assembly or institution, unless certain criteria is met, as well as
with the Pennsylvania Religious Freedom Protection Act (RFPA)[1] which, in summary, provides that no Township shall impose
or implement a land use regulation that discriminates against any
assembly or institution on the basis of religion or religious denomination,
and, pursuant to the MPC, the display of religious symbols on property
being used for religious purposes may not be unduly restricted.
[1]
Editor's Note: See 71 P.S. § 2401 et seq.
This Township, through zoning rules, policies and practices,
intends to make reasonable accommodations to afford any individual
equal opportunity to use and enjoy a dwelling in compliance with the
federal Fair Housing Act and the Pennsylvania Human Relations Act,
as both may be amended from time to time. Both acts exempt from this
prohibition on discrimination "housing for older persons," as defined
by the acts. [Note: See Act No. 214, December 19, 2002, 71 P.S. § 2401
et seq.; Act of October 27, 1955, P.L. 74, as amended, 43 P.S. §§ 951
through 963; 42 U.S.C. § 3607(b)(1); and 43 P.S. § 955(h)(9).]
To the extent that a licensed gaming facility has been approved
by the Pennsylvania Gaming Control Board, Act 71 ("Gaming Act"),[1] approved July 5, 2004, and as amended from time to time,
provides that the conduct of gaming, including the physical location
of a licensed facility and extending to racetracks and related facilities,
shall not be prohibited or otherwise regulated by this ordinance.
[1]
Editor's Note: See 4 Pa.C.S.A. § 1101 et seq.
The minimum lot area, minimum lot width and minimum street frontage
requirements of this ordinance shall not apply to uses and/or structure(s)
owned by Middle Smithfield Township or by a municipal authority created
by the Township for uses and/or structure(s) that are intended for
stormwater management, public recreation or public health and safety
purposes.
